| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2016] NZERA Auckland 68 |
| Determination date | 03 March 2016 |
| Member | Rachel Larmer |
| Representation | S Bick ; S Sharma |
| Location | Auckland |
| Parties | Feeney (Labour Inspector) v Sharma and Sons (2009) Ltd and Anor |
| Other Parties | Sharma & Sons Ltd |
| Summary | PRACTICE AND PROCEDURE - Admissibility of evidence - Secret audio recording - Whether witness able to appear by telephone |
| Abstract | AUTHORITY FOUND -PRACTICE AND PROCEDURE: Recordings undated, often inaudible and speakers do not identify themselves. Recordings unreliable and do not contain probative information. Evidence inadmissible. Witness overseas and unable to access video conference facilities. Witness’ evidence to be taken by telephone. |
| Result | Application partially granted ; Costs to lie where they fall |
| Main Category | Practice & Procedure |
| Statutes | ERA s160(2) - Evidence Act 2006 |
| Number of Pages | 3 |
| PDF File Link: | 2016_NZERA_Auckland_68.pdf [pdf 90 KB] |